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Petitum Law Journal
Published by Universitas Nusa Cendana
ISSN : -     EISSN : 30309409     DOI : -
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Petitum Law Journal (PELANA) is an open access and peer-reviewed journal that aims to offer an international academic platform for legal research. These may include but are not limited to various fields such as: Civil Law; Criminal Law; Constitutional and Administrative Law; Procedural Law; International Law; and Another section related to contemporary issues in legal scholarship.
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 149 Documents
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PERLINDUNGAN HUKUM TENAGA KERJA DI KOPERASI BONGKAR MUAT PELABUHAN TENAU KUPANG BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Dena, Stefania M; Mauritsius, Darius; Pello, Helsina Fransiska
Petitum Law Journal Vol 2 No 2 (2025): Petitum Law Journal Volume 2, Nomor 2, Mei 2025
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v2i2.20336

Abstract

The objective of this research is to examine the legal protection afforded to the welfare and safety of loading and unloading workers (TKBM) in the TKBM Cooperative of Tenau Port Kupang, and the obstacles experienced in its implementation. Empirical legal research methodology is employed, whereby applicable legal provisions are analysed alongside real-time observations of the field. The findings of this research indicate that the legal protection of TKBM at Tenau Kupang Port is in accordance with Law Number 13 of 2003 concerning Labour. The protection encompasses working time, rest time, work safety, and the provision of Personal Protective Equipment (PPE) to minimise the risk of accidents. However, the implementation of these measures is hindered by several factors. These include wage uncertainty, which is dependent on the frequency of ship arrivals, the wage gap between containers and bulk containers, and a lack of awareness regarding the importance of PPE use. Furthermore, inclement weather, damage to transport equipment, and instances of thuggery pose additional challenges to the protection of TKBM's welfare and safety. Not with standing these challenges, the cooperative has introduced BPJS Employment, which provides work accident insurance and old age insurance for workers.as the ‘milk fallacy’ or if it will change the face of the case law as it currently stands.
PERSPEKTIF DEWASA MENURUT HUKUM ADAT SUKU DAWAN Un, Alicia Chalista; Jacob, Yossie M Y; Bire, Chatryen M Dju; Ndolu, Juliana S
Petitum Law Journal Vol 2 No 2 (2025): Petitum Law Journal Volume 2, Nomor 2, Mei 2025
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v2i2.20629

Abstract

The determination of a person's maturity as a legal subject fundamentally affects their ability to act according to the law. The criteria for adulthood serve as one of the determinants of legal capacity, which is explicitly stated in Article 1330 of the Civil Code. Therefore, positive law provides a specific age benchmark to assess a person's maturity, unlike Dawan customary law, which does not set a specific age but has its own evaluation adjusted to their social order and way of life as Dawan indigenous people. The issues addressed in this journal are: (1) What are the criteria for adulthood for an individual according to Dawan customary law? And (2) What is the process of maturation according to Dawan customary law? This research is empirical, involving observations of the various patterns of life within Dawan society. Data processing is conducted through various identification and analysis methods, leading to conclusions. The results of this study indicate that the criteria for adulthood according to Dawan customary law can be seen through three provisions: assessed based on an individual's biological growth, evaluated based on their ability to perform certain activities, and judged by changes in behavior. The determination of maturity for both males and females are differentiated according to their social order.
IMPLEMENTASI E-GOVERNMENT BAGI KETERBUKAAN INFORMASI PUBLIK MELALUI WEBSITE PEMERINTAH KABUPATEN MANGGARAI Guntur, Walburga Nofri; Tuan, Yohanes; Asnawi, Norani
Petitum Law Journal Vol 2 No 2 (2025): Petitum Law Journal Volume 2, Nomor 2, Mei 2025
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v2i2.20671

Abstract

This article analyzes the implementation of public information disclosure through the website of the Manggarai Regency Government, in terms of the principle of openness in state administration law. This research also identifies the obstacles and impacts of public information disclosure implementation on local government accountability. The research method used is empirical law with a juridical and qualitative approach. Primary data was collected through interviews and questionnaires from officials of the Communication and Information Office and the public who access the website. Secondary data was obtained from literature review, laws and regulations, website documentation, and related research reports. The results show that the implementation of public information disclosure has not been optimal. The quality of information and website updates need to be improved, not fully fulfilling the principles of openness. The internal obstacles are limited human resources and lack of coordination between OPDs. External barriers are inadequate technological infrastructure and low public awareness of public information disclosure. As a result, government accountability is affected, public trust decreases, and there is potential for disinformation and cyber security threats.
TINJAUAN YURIDIS PERUBAHAN NAMA SESEORANG PADA AKTA KELAHIRAN BERDASARKAN PERATURAN PRESIDEN NO/ 96 TAHUN 2018 TENTANG PERSYARATAN DAN TATA CARA PENDAFTARAN PENDUDUK DAN PENCATATAN SIPIL DI PENGADILAN NEGERI ATAMBUA Benu, Veni Mariadi; Mauritsius, Darius; Pello, Helsina Fransiska
Petitum Law Journal Vol 2 No 2 (2025): Petitum Law Journal Volume 2, Nomor 2, Mei 2025
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v2i2.20712

Abstract

This article analyzes the change of a person's name on a birth certificate based on presidential regulation no. 96 of 2018 in the Atambua district court. A person's name is an important factor in his identity as a subject, while a birth certificate is the first population document obtained by the community since his birth which contains his name and other identities. The change of a person's name on a birth certificate becomes an important matter that should be seen in terms of implementation procedures, obstacles to implementation and legal consequences, which are formulated into problems in the research as follows: (1) What are the implementation procedures for changing one's name on a birth certificate at the Atambua District Court based on Presidential Regulation Number 96 of 2018 concerning Requirements and Procedures for Population Registration and Civil Registration (2) What are the inhibiting factors in changing one's name on a birth certificate quote (3) What are the legal consequences of changing one's name on a birth certificate at the Atambua District Court. This research is empirical juridical in nature which requires primary data sources or field research which requires interview methods and document studies. The results of the study said that the implementation of a person's name change on a birth certificate at the Atambua District Court was slightly different from Presidential Regulation No. 96 of 2018 but still followed the existing requirements, the most obstacles in its implementation were low education, procedures that were considered difficult and the non-acceptance of applications at the Court. The legal consequences are legal certainty and multiple identities.
FUNGSI PARTAI POLITIK DALAM PENDIDIKAN POLITIK BAGI KAUM MUDA DI KABUPATEN SUMBA BARAT DAYA DITINJAU DARI UNDANG-UNDANG NOMOR 2 TAHUN 2011 TENTANG PARTAI POLITIK Kota, Adrianus A; Ratu Udju, Hernimus; Ndun, Ivan
Petitum Law Journal Vol 2 No 2 (2025): Petitum Law Journal Volume 2, Nomor 2, Mei 2025
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v2i2.20715

Abstract

This study aims to analyze the function of political parties in providing political education to young people in Southwest Sumba Regency based on Law Number 2 of 2011 concerning Political Parties. Political parties have a strategic role in creating political awareness and increasing the political participation of the younger generation through education, socialization, and political training. In addition, this study also aims to find out and analyze the factors that inhibit the implementation of political party functions in political education for young people. This research is expected to contribute ideas to political parties in Southwest Sumba Regency in carrying out their functions and responsibilities in political education for young people. This research uses a normative juridical method with a legal approach and is supported by empirical studies through interviews with local political party administrators and youth. The research data is sourced from primary, secondary, and tertiary data collected through interview, observation, and literature study techniques. The results of the study show that (1) political parties need to improve political education, socialization, supervision, and cooperation with the community, especially young people, in order to be more effective in providing an understanding of politics. (2) Factors that hinder the implementation of political party functions in political education include ineffective communication, low awareness of young people to participate in politics, political socialization is still minimal, and lack of involvement between political parties and institutions related to political education. Therefore, efforts are needed to strengthen the role of political parties in political education through more structured and sustainable programs in accordance with the mandate of Law Number 2 of 2011 concerning Political Parties.
KAJIAN KRIMINOLOGIS TERHADAP PEKERJA MIGRAN INDONESIA (PMI) DI KABUPATEN KUPANG YANG MEMILIH JALUR ILEGAL UNTUK BEKERJA DI LUAR NEGERI Putry, Zafira Amalia; Wilhelmus, Bhisa V; Djara Dima, Adrianus
Petitum Law Journal Vol 2 No 2 (2025): Petitum Law Journal Volume 2, Nomor 2, Mei 2025
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v2i2.20731

Abstract

This research aims to analyze the factors that cause Indonesian Migrant Workers (PMI) in Kupang Regency to choose illegal routes to work abroad, the impacts experienced by illegal PMI if they become victims abroad, as well as countermeasures taken by the government to prevent PMI from choosing illegal routes. The research method used is empirical juridical with a case and conceptual approach. Data was collected through interviews, observation and document study. The research results show that the main factors for PMI choosing the illegal route are the faster and easier departure process, as well as their low level of education which makes them vulnerable to the persuasion of brokers. Illegal PMI do not receive the legal, economic, social and health protection that should be their right. The impacts experienced include violence, exploitation and lack of guarantees of safety. Mitigation efforts carried out by the government include promoting safe migration, collaborating with religious and community institutions, as well as increasing supervision and legal protection. The conclusion of this research is the importance of increasing public awareness about the risks of working through illegal channels and the need to improve the government's system of protecting and placing PMI. The advice given is for PMI candidates to ensure registration through legal channels to get proper protection.
ANALISIS PERLINDUNGAN HUKUM TERHADAP KONSUMEN DAN TANGGUNG JAWAB PT. PLN (PERSERO) DALAM PENCATATAN KWH METER LISTRIK DI KOTA KUPANG DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Seseli, Yunita Berlian; Jacob, Yossie M Y; Kaesmetan, Rini Marselin; Ndolu, Juliana S
Petitum Law Journal Vol 2 No 2 (2025): Petitum Law Journal Volume 2, Nomor 2, Mei 2025
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v2i2.20793

Abstract

Indonesia is a state governed by law, prioritizing legal principles in all aspects of national life. One effort to uphold this principle is the development of legal frameworks to ensure justice, legal certainty, order, and a law-conscious society. Upholding the rule of law and justice is rooted in Pancasila and the 1945 Constitution of the Republic of Indonesia (hereinafter referred to as UUD 1945), which emphasizes human rights and guarantees equality for all citizens before the law and government without exception. Legal protection for consumers is a fundamental issue in public services, including electricity provision. This study focuses on the recording of kilowatt-hours meters by PT. PLN (Persero) in Kupang City, which often experiences inaccuracies that may disadvantage consumers. This study employs an empirical juridical approach, with primary data obtained through interviews and observations, and secondary data gathered from literature reviews. The findings reveal that (1) inaccuracies in kilowatt-hours meter recording frequently occur due to human errors, device malfunctions, and system weaknesses, causing financial losses to consumers. (2) PT. PLN is responsible for correcting errors, providing compensation, and improving the recording system. Recommendations include enhancing recording accuracy, replacing defective devices, and educating consumers about their rights. Implementing more effective legal protection is expected to increase consumer trust in electricity services.
PROSES GANTI RUGI LAHAN BENDUNGAN TEMEF KABUPATEN TIMOR TENGAH SELATAN DITINJAU DARI UNDANG-UNDANG NOMOR 2 TAHUN 2012 TENTANG PENGADAAN TANAH BAGI PEMBANGUNAN UNTUK KEPENTINGAN UMUM Manafe, Andry Samuel; Jacob, Yossie M Y; Dinata, Husni Kusuma
Petitum Law Journal Vol 2 No 2 (2025): Petitum Law Journal Volume 2, Nomor 2, Mei 2025
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v2i2.20798

Abstract

The practice of land acquisition for the public interest, especially the construction of the Temef Dam, has caused problems between the government and the community, especially in terms of land acquisition. Starting from compensation for the land that has been acquired and the time of land acquisition or relocation of the community. The implementation of land acquisition for public interest often experiences obstacles and challenges. The application of a fair compensation mechanism in the construction of Temef Dam in South Central Timor Regency is important considering the potential for conflict that can arise between the landowner community and the government. These conflicts can arise due to various factors, such as disagreements over compensation values, late payments, or lack of information provided to the community. Therefore, the principles stated in Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest, such as transparency, justice, and consensus, must be implemented properly so that the land acquisition process can take place peacefully and meet the interests of all parties. These inhibiting factors illustrate some of the fundamental challenges that often arise in land acquisition projects, especially in the context of the Temef Dam construction. The discrepancy in compensation values ​​is one of the biggest factors that triggers community objections. Local communities often feel that the compensation offered does not reflect the market value or potential economic benefits of their land, especially for land used for agriculture or other productive economic activities.
KAJIAN YURIDIS TENTANG ZAAKWAARNEMING DAN PENERAPAN HUKUMNYA DALAM PUTUSAN NOMOR 1574K/Pdt/2011 MENURUT KUHPERDATA Dopo, Novita A L; Damat, Petornius; Bire, Chatryen M Dju
Petitum Law Journal Vol 2 No 2 (2025): Petitum Law Journal Volume 2, Nomor 2, Mei 2025
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v2i2.20799

Abstract

Zaakwarneming is a voluntary agreement without any order to that effect. In decision Number 1574 K/Pdt/2011 there is an oral agreement between the Bekasi city government and Pt. Hilma Genractor which causes zaakwarneming. The problem formulation of this research is: (1) Is the spirit of zaakwaarneming legal according to the Civil Code? (2) Is verbal agreement proposed the defendant/applicant for cassation in the case of decision Number 1574 K/Pdt/2011 is categorized as a zaakwaarneming legal act? (3) How is the zaakwarneming law applied in decision Number 1574 K/Pdt/2011? This research uses a normative research method, namely research that examines the literature on primary, secondary and tertiary legal materials related to zaakwarneming. The results of the researchs how (1) Legal Spirit forgets the value of being a support in making laws. Therefore, the legal spirit of zaakwarneming according to the Civil Code is the legal principle of kaptuhan and the legal principle of freedom of contract (2) The verbal agreement in decisioncase Number 1574 K/Pdt/2011 cannot be categorized as a legal act of zaakwarneming, because the land clearing work was carried out by the plaintiff is not in the work contract so it does not fulfill the requirements of an agreement in Article 1320 of the Civil Code (3) considerations for the public interest and verbal agreement made by the defendant, thus the plaintiff carried out work outside the contract in good faith.
EFEKTIVITAS PELAKSANAAN PERATURAN DAERAH KOTA KUPANG NOMOR 4 TAHUN 2019 TENTANG RENCANAN INDUK KEPARIWISATAAN KOTA TAHUN 2019-2025 DI PANTAI NUNSUI OESAPA DALAM UPAYA MENINGKATKAN PENDAPATAN ASLI DAERAH KOTA KUPANG Awa, Paulinus Armando; Yohanes, Saryono; Tupen, Rafael Rape
Petitum Law Journal Vol 2 No 2 (2025): Petitum Law Journal Volume 2, Nomor 2, Mei 2025
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v2i2.20817

Abstract

In Kupang City, the implementation of regional regulations on tourism development on Nunsui Oesapa beach has not been carried out properly. Community empowerment and the development of public infrastructure, public facilities, and tourism facilities have not been carried out optimally in accordance with applicable regulations. In order to optimize income from tourism on Nunsui Oesapa beach, by building adequate public infrastructure, public facilities, and public facilities as well as good community empowerment. The results of this study show that: (1) The effectiveness of Kupang City Regional Regulation Number 4 of 2019 concerning the City Tourism Development Master Plan for 2019-2025 at Nunsui Oesapa Beach in an effort to increase the original income of Kupang City has not been effective, (2) The contribution of income from Nunsui Oesapa beach tourism has not contributed well and (3) Factors that hinder the effectiveness of the implementation of Kupang City Regional Regulation Number 4 of 2019 concerning the City Tourism Development Master Plan for 2019-2025 at Nunsui Oesapa Beach in an effort to increase the original income of the Kupang City area, namely legal implementation factors, facilities and infrastructure factors, land ownership factors, and lack of promotional factors.

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